As an attorney with Heritage Defense, I frequently get questions from homeschool parents about laws affecting their parental rights. As a parent myself, I have had many of the same questions.
Based on my experience practicing law for over 16 years, and being a dad for 13, here are eight state laws I think every homeschool parent should know:
- Do vaccine mandates apply to homeschoolers?
- Who are mandatory reporters, and why is that important?
- When can your child get healthcare without you knowing or consenting?
- What are the laws about spanking?
- How long does your child have to ride in a car seat?
- When can you leave your child in the car while you run in the store?
- When can a child be left home alone?
- Can a CPS social worker come into your home without your consent?
These answers vary by state. To help you understand the law in your state, Heritage Defense has researched and compiled all these laws and many more in our free Law and Policy Vault. Here is a brief summary of these issues.
Do vaccine mandates apply to homeschoolers?
Whether or not to vaccinate and at what schedule is a decision for parents, not the government, and we are here to defend that right.
Every state has immunization mandates for children, and every state has some kinds of exemptions. But sometimes these mandates do not even apply to homeschoolers in the first place.
You can find out more about vaccine mandates for homeschoolers and your state’s law at https://heritagedefense.org/vaccines-for-homeschoolersin-your-state/.
Who are mandatory reporters, and why is that important?
Every state has a mandatory reporting law that requires certain people to report suspicions of child abuse. Generally, health professionals, school personnel, law enforcement, and counselors are mandatory reporters in every state. In around 18 states, the mandate applies to every person in the state.
Of course, everyone should report actual child abuse. But the problem with these mandates is that they result in major over-reporting of child abuse. Over 90% of reports are unfounded. This results in many innocent families being investigated and is a contributing factor to a system that frequently claims to be overburdened. For homeschoolers, the top source of these reports is medical personnel.
You can find out more about mandatory reporting and your state’s laws at https://heritagedefense.org/mandatory-reporting-laws/.
When can your child get healthcare without you knowing or consenting?
This issue often arises for families when children are close to entering their teen years. Parents can be taken off guard when asked to step out of the room so a doctor or nurse can speak to their child alone. Children are then asked about issues such as sexual activity, suicidal thoughts, and drug use.
We find that it is helpful for parents to speak with their children ahead of time so the child can request that the parent remain in the room. If the child is uncomfortable doing that, the parent can politely insist on remaining. For our members, we also have a consent form they can use to make sure they continue to have access to their child’s healthcare information.
Most states allow children to make certain medical decisions without parental consent. Frequently, these include abortions, pregnancy related care, and STD care for children over a certain age. More information and specific state laws can be found at https://heritagedefense.org/can-a-child-obtain-medical-treatment-without-parental-consent/.
What are the laws about spanking?
Reasonable corporal discipline is generally legal in every state. Yet states may have different ways of describing what is considered reasonable.
Go to https://heritagedefense.org/is-it-legal-to-spank-my-child/ to learn more and access your state’s law.
How long does your child have to ride in a car seat?
Beyond keeping your child safe, having improper car seats could result in a ticket or even a CPS case.
Most states have age, height, and/or weight requirements for rear-facing car seats, front-facing five point harness car seats, and booster seats. All of this is explained in greater detail and broken down by state at https://heritagedefense.org/do-you-know-your-states-car-seat-law/.
When can you leave your child in the car while you run in the store?
A number of CPS cases arise from children being left in vehicles while a parent runs in the store.
Some states specifically list ages or circumstances under which a child is or is not permitted to be left in a car unattended. While many states do not have a specific law at all, parents there can still be prosecuted or have a CPS case under more general child endangerment laws.
While a 14-year-old is generally considered old enough to supervise a younger child, this can depend on the circumstances and the risk of harm to the children.
A more complete explanation and state laws can be found at https://heritagedefense.org/can-children-be-left-in-the-car-unattended/.
When can a child be left home alone?
Like leaving a child in the car, leaving a child at home unattended is not addressed by law in every state. Regardless, this is important not just because cases can arise from children being home alone, but also because parents should want their children to make responsible decisions if something goes wrong.
There are a few considerations that make it more reasonable to leave a child home. Depending on the length of time, it is generally accepted that a child 12 years old may be left alone. A child of 14 may be considered old enough to babysit, but this depends on the number and age of the other children they are watching. It is certainly helpful if the older children know CPR and first aid. And it is recommended that children of any age at home without an adult should have access to a phone, know their parents’ phone numbers, and know the neighbors in case help is needed. Go to https://heritagedefense.org/when-can-i-leave-a-child-home-alone/ to find the law in your state.
Can a CPS social worker come into your home without your consent?
Almost every CPS investigation starts off with a social worker coming to your door and wanting to come inside. Some people do not answer the door, and others tell the social worker to go away. But in most cases these are not the best approaches.
As a general rule, CPS may not enter your home without your consent, a court order, or exigent circumstances (i.e. an emergency). The best thing to do is call your attorney, which is why Heritage Defense exists.
Heritage Defense is a nonprofit membership-based legal organization. We provide families peace of mind through our 24/7 emergency hotline which gets our members immediate access to an attorney when CPS comes to the door. After the initial interaction, we also provide full legal representation all the way through court if necessary.
Membership is $19 a month or $190 a year.
We have published a Law and Policy Vault for all 50 states which addresses each of these eight laws and many more in every state. You can access them completely free. Sign up to access the Vault here: https://my.heritagedefense.org/access-the-vault.
We hope this article and the laws contained in the vault are a helpful resource for parents. If you have further questions, Heritage Defense members can schedule free legal consultations with our staff attorneys.
